Gujarat High Court
Sedhaji Maganji Thakarda S/O ... vs State Of Gujarat on 11 July, 2023
Bench: Mauna M. Bhatt
C/SCA/5751/2023 JUDGMENT DATED: 11/07/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5751 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE MAUNA M. BHATT sd\-
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1 Whether Reporters of Local Papers may be allowed NO
to see the judgment ?
2 To be referred to the Reporter or not ? NO
3 Whether their Lordships wish to see the fair copy NO
of the judgment ?
4 Whether this case involves a substantial question NO
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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SEDHAJI MAGANJI THAKARDA S/O MAGANJI VISAJI THAKARDA
Versus
STATE OF GUJARAT
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Appearance:
MR CB DASTOOR(238) for the Petitioner(s) No. 1
MS POOJA ASHAR, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 11/07/2023
ORAL JUDGMENT
1. Rule returnable forthwith. Learned Assistant Government
Pleader waives service of notice of Rule on behalf of the
respondent - State.
C/SCA/5751/2023 JUDGMENT DATED: 11/07/2023
2. This petition under Article 226 of the Constitution of India is
filed with the following prayers: -
(A) Allow this Special Civil Application;
(B) Your Lordship be pleased to issue a writ
of mandamus or any other appropriate writ,
order or direction directing the respondents to
pay benefits of leave encashment to the
extent of 300 days considering the total length
of service of petitioner within a stipulated time
as fixed by the Hon'ble Court and thereby be
please to quash and set aside the impugned
action of respondents in not granting the said
benefits as illegal, arbitrary, unjust and
violative of Article 14 @ 16 of the Constitution
of India ;
(C) Pending admission, hearing and final
disposal of present petition by way of ad
interim relief the respondents be directed to
calculate the leave encashment benefits of the
petitioner to the extent of 300 days service
considering his total length of service and
deposit the same before the Hon'ble Court.
(D) Grant any other and further relief in the
interest of justice.
3. Heard learned advocate Mr. C. B. Dastoor for the petitioner
and learned Assistant Government Pleader Ms. Pooja Ashar for
the respondent - State.
4. Learned advocate for the petitioner submitted that the
issue in the present petition pertains to grant of benefit of 300
days unavailed earned leave and not calculating the retirement
C/SCA/5751/2023 JUDGMENT DATED: 11/07/2023
benefits of the petitioner from the date of appointment. The
prayers in relation to other benefits, if any, referred in this
petition, is not pressed at this stage.
4.1 She further pointed out that the issue involved in the
present petition which is in relation to payment of leave
encashment for 300 days leave as also counting the retirement
benefits available to the petitioner from the date of appointment,
is no more res integra in view of decision of Hon'ble Supreme
Court dated 01.09.2022, in Special Leave Petition (C) No. 7229 of
2022. Learned advocate for the petitioner submitted that present
petitioner was working with the respondent No. 2 department
with more than 3 decades and had retired upon attaining the age
of superannuation and therefore considering continuous service,
the petitioner is entitled for the benefits of leave encashment as
well as pension and gratuity.
4.2. She pointed that by Government Resolution dated
21.10.2022, of Irrigation Department, Gandhinagar had issued
directives for implementation of the decision of the Hon'ble
Supreme Court in Special Leave Petition (C) No.7229 of 2022.
5. In relation to leave encashment vide Government
Resolution dated 21.10.2022, issued by Irrigation Department,
Government has also taken a policy decision which reads as
under: -
"According to the judgment of the Hon'ble
Supreme Court referred in No. (1) above, since
the Resolution of the Roads and Buildings
Department dated 17-10-1988 also provides that
C/SCA/5751/2023 JUDGMENT DATED: 11/07/2023
the retirement benefits granted to daily workers
include the benefit of "encashment of leave"
also, as per the clause (5) of the State Litigation
Policy of the State Government, daily wages
workers are entitled to the benefit of conversion
of leave into cash, the instructions in this regard
regarding the payment of leave encashment to
the daily wages worker petitioner under this
section, instructions are hereby circulated as per
the approval received vide informal note dated
17/10/2022 of the Finance Department on the
equal numbered files as follows.
With reference to various claims filed before the
Hon'ble Court, the petitioner daily wagers shall
be paid the encashment of accrued leave (within
the maximum limit of 300 leave accumulated) in
cash as is being paid for regular services as per
the policy of the Government, by calculating
leave as per the rules on the basis of the service
record of the daily workers.
(1) Payment in case of retired petitioners who
have completed 70 years of age as on
01/10/2022, shall be made by 31/10/2022,
(2) Payment to the remaining retired
petitioner daily workers will be within three
months i.e. by 31/12/2022."
6. The above factual position could not be controverted by
learned Assistant Government Pleader for the respondent - State.
7. In view of the above said position, this Court deems it
appropriate to direct the respondents to undertake scrutiny of
case of the petitioner herein, and upon such scrutiny, if the
petitioner is found eligible then a proposal shall be forwarded to
the State Authorities in this regard and thereafter, the State
C/SCA/5751/2023 JUDGMENT DATED: 11/07/2023
Authority shall consider proposal of the petitioner herein
expeditiously and in consonance with the State policy.
8. It is reported that in many of such matters, the concerned
department has already moved a proposal to the State
Government in this regard. However, wherever such proposal is
not moved, the same shall be moved by the concerned
department within a period of eight weeks from the date of
receipt of copy of writ of this order.
9. The aforesaid exercise shall be completed within a period of
twelve weeks from today.
10. With the aforesaid, the petition stands disposed of. Rule
made absolute to the aforesaid extent. Direct service is
permitted. sd\-
(MAUNA M. BHATT,J)
SHRIJIT PILLAI
